DHCR Deems One-Year Leases

LVT Number: 13528

Tenant complained of a rent overcharge. The DRA ruled for tenant, in part. For some periods, tenant had no renewal leases, so the DRA deemed one-year renewal leases. Tenant appealed, arguing that landlord wasn't entitled to any rent increase for periods when there was no lease. The DHCR ruled against tenant. Landlord charged tenant lawful rent increases, and tenant paid the rent increases without complaint during the periods in question. In these circumstances, it is DHCR policy to deem one-year renewal leases.

Tenant complained of a rent overcharge. The DRA ruled for tenant, in part. For some periods, tenant had no renewal leases, so the DRA deemed one-year renewal leases. Tenant appealed, arguing that landlord wasn't entitled to any rent increase for periods when there was no lease. The DHCR ruled against tenant. Landlord charged tenant lawful rent increases, and tenant paid the rent increases without complaint during the periods in question. In these circumstances, it is DHCR policy to deem one-year renewal leases.

DeGregorio: DHCR Adm. Rev. Dckt. No. HF910048RT (7/15/99) [4-pg. doc.]

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